If a writ is granted for Defendants’ failure to strictly comply with any term of this
Agreement, Plaintiff is entitled to an immediate writ of restitution, along with
damages and Plaintiff’s costs and attorney fees.
CP at 55 (emphasis added).
The settlement agreement did not list any specific sections of RLTA as being waived, but
it expressly provided that the “usual unlawful detainer procedures” did not apply. CP at 54. The
agreement provided:
By signing this Agreement, the parties forego the usual unlawful detainer
procedures.
CP at 54 (emphasis added).
III. SHOW CAUSE HEARING ON ALLEGED BREACH OF SETTLEMENT AGREEMENT
Within days of signing the agreement, the Allens failed to meet the agreement’s provision
on paying back rent—they were a day late. Princeton rejected the late payment and set the matter
for a show cause hearing. At the hearing, Princeton requested a writ of restitution based on the
late payment.
The superior court found that Princeton was entitled to an immediate writ. However, the
execution of the writ was stayed for over three weeks to afford the Allens additional time to find
4
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No. 58183-3-II
other housing. The superior court apparently entered an order on show cause, a writ of restitution,
and a judgment of unlawful detainer.2
IV. MOTION TO VACATE, SUBSEQUENT HEARINGS, AND APPEAL
Two days before the scheduled execution of the writ of restitution in March 2023, the
Allens filed a motion to vacate the judgment of unlawful detainer. In their motion to vacate, the
Allens argued, among other things, that the superior court erred by terminating the tenancy due to
breach of the agreement, that procedural safeguards were not followed, that the breach was